jenna: you are a great brother. jon: thank you for joining us. jenna: "america live" with megyn kelly starts right now. megyn: fox news alert. an all-out war between israel and hamas bulletins in the gaza strip. welcome to a "america live." i am megyn kelly and we have a lot of breaking news to go through with you. moments ago, reuters reporting that israel's defense minister asked to mobilize some 70,000 israeli troops. in what is being called preparation for a likely ground invasion of gaza. the u.n. called on both sides to back down. megyn: earlier today for the first time since 1970, at least two rockets, the first time since 1970. at least two rockets were fired

at jerusalem, landing in an open area south of the city. no casualties reported so far. [sirens sounding] megyn: air raid sirens sounding in tel aviv since the first time in 1991 during the gulf war. nearly 300,000 americans live in israel. jerusalem and tel aviv make up an area of the size of dallas, texas, with 1.5 million people. the u.s. embassy is located in tel aviv. israel's iron dong missile system is striking back. firing on more than 500 targets approximate intercepting more than 100 hamas rockets. we will have won the story,

including an interview with the israeli ambassador to the united nations. but first, another alert on another major developing story today. testimony earlier today from former cia director general david interests behind closed doors on capitol hill. according to lawmakers who were present, general petraeus insisted during two separate hearings today, on the topic of libya and the terror attack there that killed four americans, that he was clear from the very start that it was a terrorist attack. however, after the cia prepared talking points, they were vetted or at least pass on to several agencies. the line concluding that al qaeda was responsible for this act was taken out of the final version that we believe was ultimately given to the u.n.

ambassador, susan rice. why was that done? who did this? catherine herridge is live on capitol hill. reporter: that's right. congressional horses tell fox news that there were changes to the cia talking points and that language of al qaeda affiliated individuals was replace -- replaced, which have the impact of minimizing or downplaying the role of al qaeda and another group, al sharia come on the consulate on 9/11. there was also testimony this week that the intelligence community to those talking points and went to an interagency process. so that other elements of the intelligence community as well as input and review by the state department, as well as the department of justice, that eventually made its way to ambassador susan rice. no one commissioner who was the final author of this talking point given to ambassador susan rice, who is on the sunday talk show on september 16 and repeated on multiple occasions

that meant david was in response to the anti-islam video and that was a demonstration that had spun out of control. significantly, and this is one of the takeaways from the general testimony this morning, 10 days after benghazi, september 21, there were no lingering doubts that benghazi was an act of terrorism, yet after the 21st, president obama in that interview with univision demurred on the subject of terrorism and would not use that term in describing the attack. so that is a very significant disconnect. megyn: especially given the fact that both presidential debate, he had called it tear from day one. i sat down with german peking and he is also on the house intel committee. about what he heard from general petraeus and all of those intel

leaders that he sat down yesterday. here is part of that. megyn: i want to start with general petraeus. his testimony before you this morning, he now says that he and the cia knew this was terrorism from the beginning. >> general petraeus said when he came on friday, september 14, he had been said that he thought was a terrorist attack and the cia have believed back then said there were different streams coming in, but they definitely believe it was a terrorist attack. i have a great regard for general petraeus. i have a very different recollection of what he told us on september 14. he barely mentioned terrorism at that time. he deemphasized them. he emphasized the video. he emphasized the spontaneous demonstration and as far as it goes, he minimizes it totally. also, on the talking points which came from the cia, the

famous talking points that supposedly susan rice relied upon, they said that it specifically mentioned al qaeda and al qaeda was involved in the attack. this whole process, which i believe included the white house, and when the talking points were finalized, al qaeda was taken out and it was put in that there were indications of extremist involvement in the demonstration. nothing about the attack. nothing about al qaeda. so to me, the question is, who changed the talking points on why? >> that is the big question at this point in time. would any of those people able to satisfactorily answer that for you? >> they say that they don't know. there is a long interagency

process. when it left the building, meaning the cia, when they left the building, the reference to al qaeda was in there. when it came back, it was taken out. it indicated it went to the department of justice and the state department. apparently went to the national security council and public information officers and what they called the meeting and somewhere along the line, that was taken out it changed the whole tone of it. megyn: it's so unbelievable to me. you have all these officials, and no one has been able to tell you where any of these other lawmakers on capitol hill, who removed the al qaeda references from the talking points that would be delivered to the american people. there has been no accountability to those who answered to us, we the people. reporter: i agree with you completely. especially since the president, the vice president, the administration has hidden behind this all along. that susan rice said what she

was told is the best estimate of the intelligence community. the best estimate on september 15 and 16th was that there wa direct al qaeda involvement. i was taken out. if i had to presume, i would say that someone in the administration to get out. this was nobody in the national intelligence office and it was someone else that did it. i doubt if the state department would be involved in taking that out. but again, that has to be pursued. megyn: joining me now, ambassador john bolton. former u.s. ambassador to the united nations. that full interview is going to air today at 2:30 p.m. your thoughts to peter king's statements right there? >> i think he has put his finger on the key issue. i think that general petraeus and his testimony today has put

this right on the doorstep. i don't think there's any doubt. at least there is a working hypothesis. maybe not a firm conclusion, that the only entity in washington that believes in the demonstration was the white house. general david petraeus said that he knew within 24 hours that it was a terrorist attack. he said that he was trying to convey that position in his congressional testimony of september 14. he apparently didn't. but the key point is he thought that he was being consistent. somehow between then and when white house spokesman jay carney spoke, susan rice goes on television on the 16, it goes 180 degrees away from the notion of a terrorist attack towards the demonstration. in an interagency practice, let me just say this, because i'm sure most people say, what are they talking about?

for theory to get advanced and end up as the conclusion, some agency has to be pushing it. i think that the congressman put it very well. there is no reason to think the justice department or homeland security or anybody has anything invested in the demonstration out of control theory. there is only one entity and that is the white house. megyn: the point i was asking chairman king about was is it incredible to you that we have these hearings on capitol hill that involve the top intelligence officials in the country. you can't get any higher short of president obama. speaking on the house and senate side, and they cannot tell our lawmakers who took out the references to al qaeda? >> that would be perfectly sensible. if you accept the working hypothesis that what the white house. so this interagency process

bubbles along. they have the countless meetings and endless talking points. then it goes to the white house because the white house spokesperson appears on the sunday shows. it's at the white house with a draft to final talking points for susan rice to get. that is where the changes were made. unless there is evidence to the contrary, that is the only explanation, and it's perfectly consistent with why the top intelligence officials, the secretary of state, anyone else you can think of, doesn't have a clue who wrote those final words. megyn: peter king says, not only did they take out the line about al qaeda, but they changed it to there are indications of extremist elements. he said that that was a dumb play. it was an attempt to say, you know, there are indications that some extremist elements we don't yet understand.

ambassador, i know we talked about it before, but wide? what would be the motivation? what is the motivation for downplaying al qaeda's role of a terror attack in libya? >> one is ideology. al qaeda has been defeated. this can't possibly be a terrorist attack. that is one. the other is that it's politically very inconvenienced less than two months away from an election to have a terrorist attack that will expose the errors in policy of the obama administration. that is why they were so worried under that theory about in many that, in fact, this was al qaeda or another terrorist group. megyn: some democrats who were privy to these briefings, including representative adam smith say that the notion that a talking points were changed is completely wrong. still, we get diametrically opposing information. thank you for being here.

megyn: thank you we will speak with the israeli ambassador to the united nations about what is looking like a possible ground war in the city of gaza. stay with us. flavorboost.com.

megyn: more breaking news on our top story today. israel reportedly closing a series of roads heading into gaza. that comes just moments after the reuters news service report. asking to mobilize some 70,000 israeli troops. just think about that. 75,000 israeli troops, in what is being called preparation to a likely invasion of that area. this is not good. this is not there, folks. earlier today, the first time since 1970, at least two rockets were fired at jerusalem. no casualties reported, but that was one of a series of attacks.

tel aviv and other israeli towns, many that are often not in the crosshairs that we see in that region. coming up, the israeli ambassador to the united nations is going to be here live. on this important day, you'll see that only here. we talked about the store yesterday, and today has come to pass. hostess, the maker of some of america's favorite foods, is shutting its doors after 82 years of business and going under. hostess reaching labor deals with several unions, but not the one that represents its bankers. things that we love like "ho-hos" and wonder bread and gaza is. along with 18,000 jobs, just before the holidays, and that could affect your wallet as well. joining me now is gerri willis. host of "the willis report" on fox business.

these brands are part of americana. gerri: it will probably auction them off. that could possibly defray the cost of bankruptcy. the company had had major problems. for the union folks who thought they had a little more money to give on wages and benefits, not so much. megyn: many said you can't get blood from a stone. we'll take what we can do. but what's with the bakers union? gerri: they wanted more money. you can't have "twinkies" without bakers. 18,500 workers in 34 plants and these 5000 workers, the jobs of all those people. megyn: they are going belly up, they are not backing down. gerri: that's right. a set of this union back down, we will close our doors today.

he made good on that. they are going to close down, so off the brand names, and there's a big cost of it. even for taxpayers. we ran an appropriate calculation. the number is $438.5 million of these folks get unemployment benefits and do it for 79 weeks, which is is the current length of time that people can do it. presumably, they might get medicaid benefits as well. that would be $58 million. there is a big cost to this decision by this one small union. megyn: how much more money do they want? feature that's a great question. i'm not sure i can answer that. but the reality for this company is, they have narrow margins and they don't have a lot of room to room -- maneuver.

auto manufacturers have bigger margins. some industries, they have room to give out one of the perks and benefits. if you remove those names from the store shelves for even a week, people start to forget about them and it's hard to maintain your market share. we have to pull those brands often store shelves. megyn: unbelievable. that's an incredible story. gerri, thank you. gerri: it's my pleasure. megyn: coming up, a horrific accident during an event honoring war heroes with a freight train. just ahead. troubling new signs in the aftermath of superstorm sandy. what the nypd is doing to keep looters at bay and some of the hardest hit areas. plus, shocking developments at one of america's most expensive and best-known universities. what this top school did get kicked off one of the nations most prestigious rankings. kicked off altogether. the legal fallout of the

university after the parents of the kids were going there now, they are not happy. we have the report. >> it is a little embarrassing. they said 58 to 78, and that is a big error.

will p

megyn: we would have what could be a developing story out of lee hana coast. we are just getting word that poor people are injured and have

been flown to a hospital in new orleans. two others are believed to be missing. they were not actively producing oil when the blast occurred, and take it this is a picture from the scene. i can barely read it. we will try to bring you more details as we get them. megyn: a new nightmare today for some of the communities hit by superstorm sandy. looters were forced from their homes. you see the red sticker? that means don't go in. including the owners. folks are going through the rubble and taking off with the valuables left behind. the police are being forced to fight the problem in the ground and on the air. rick leventhal is in queens, new york, which was burned so badly. reporter: most homes are still standing and are susceptible to looters. the nypd says that last week

burglaries were up 2% over the same time last year. 236 related arrests, most were burglaries like the ones behind me. they started this aggressive program to try to scalp these areas from above. these planes are equipped with lights to illuminate homes and streets. and they remind people that the nypd is watching. >> become we have the eye in the sky. we're going to live it up. we don't have the light on to make sure that the neighborhood remains the same. rick: these are equipped with heatseeking equipment.

showing any heat signatures on the ground. it could be a warm body or a hot vehicle engine. it is converted to a digital image on the screen. even if someone is hiding in the dark, they can still see them. with the onboard mapping and gps, they know exactly where these people are. the pilots are also police officers, those officers can get to the scene much more quickly. one of the officers told me that they definitely can't hide from the nypd aviation unit, and we will see them and get them. they are working very hard to try to protect people. megyn: insult to injury on that one. thank you. one of our big stories this hour is who changed the cia's talking points on the benghazi terror attack. we have new details from former cia david petraeus. and peter king, the chairman of the homeland security committee, who question general petraeus in the hearing. all of our top intel officials

also. the full interview is coming up. plus, israel moving tanks and troops to the border. reportedly taking steps to mobilize 75,000 troop reserves. that does not sound good. israel's ambassador to the united nations joins us live on a rare occurrence. just after this break. and a lot of hard questions after a train carrying wounded veterans, poor people are dead, investigators are on the scene. new theories on how it happened ahead. >> apparently, as we know it right now, one trailer made it over the railroad tracks. a second one, for whatever reason, we don't know, it was apparently struck by an eastbound train. new pink lemonade 5-hour energy?

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megyn: back now to breaking news from israel. reports that thousands of troops may be getting ready for a ground invasion of gaza. after three days of unrelenting rocket attacks from hamas. about a half-hour ago, a general called on hamas and israel to stop this dangerous exploration to avoid further bloodshed. as the air raid sirens sound in tel aviv and more than two decades. our own trace gallagher went to the israeli border back in 2006 during the fight with hezbollah.

he has been watching all of this from our breaking news desk. we want to get to him before the ambassador joins us. >> is very important. we are getting word that the israelis are shutting down all of the roads that go towards gaza. it is a very bad sign. that is exactly what happened back in 2006 during the 34 day war. there are some great things about that won this war, i want to remind you, hezbollah was firing some 4000 rockets from lebanon into israel. we were actually watching the hezbollah fighters pull up in their trucks and they would launch the rockets from back of the truck. the israeli troops lined up along the border. they went in. the idea was to push those fighters deeper into lebanon. at that time, tel aviv, 90 miles away from the border, now switched what is happening in gaza. tel aviv was 90 miles away. now you have a situation where

you have tel aviv only 37 miles from the gaza strip and jerusalem 43 miles away from the gaza strip. we now have rockets that have hit tel aviv and jerusalem. so if you push this down, you still have a direct hit shot into jerusalem. the question becomes, why would they fire these new rockets? these new rockets towards jerusalem, when there are hundreds of thousands of palestinians living in and around the area. the holiest site for islam is in the old city of jerusalem. right now, this situation appears to mirror what happened in 2006 in the days before the israeli troops moved in from northern israel. a very ominous sign. megyn: trace, thank you. it is an honor to have you here,

ron. >> thank you for having me. megyn: israel is in a dangerous neighborhood and that report outlines for some of us how it takes them coming from all sides. who's put into perspective this. a possible ground invasion of gaza? >> that could put things into perspective. i just talked to my family in jerusalem. my children. jerusalem is being bombarded. people are going into shelters. 1 million civilians are in shelters. tomorrow, they won't be going to work or. their children will be going to school. what they are going to hear is 15 seconds of silence. this is equivalent to having the west coast in shelters. jerusalem and tel aviv, this is

like new york and washington. no country, no nation, no people and the government can basically said i don't want something like that happens. we have to protect our citizens. who are we talking about? we are talking about hamas. when we disengage from all we left gaza completely. they could have turned it into a floor singing wonderful place to live in. the look of what they did. they turned it into a haven of terrorists coming from all over the world. they have an ammunition dump coming in and day in and day out, from syria, iran, libya. they would've taken some of the resources and money for the welfare of their own people, it could have turned completely different.

look at the number of missiles that they managed to organize out there. this is who we are up against. we are up against an organization that doesn't recognize the right to exist. people forget that. they don't recognize the right to exist. they preach to the genocide of jews. they are enemies to anyone who says, hey, what would happen? are not people we can talk to, but these guys are the enemy. we are targeting the military infrastructure, so at the end of the day, we will be able to sit down with reasonable people to do something. megyn: the rocket fire had been raining in israel for some time. finally, israel struck back and took out the equivalent of, they say it is like hamas's osama the modern -- osama bin laden.

they say that this is like a new york or los angeles. can you speak to this? at the huge number of troops -- potentially up to 75,000 troops. what can be done? according to trace gallagher's report, a lot of our viewers don't know that gaza is a small area. how far can they beat the back? will be hand-to-hand combat? >> we will try and do everything we can to stop those missiles falling in those cities. is that something that anyone -- you know, when we ran out of gaza, we withdrew from gaza. then they launched 12,000 missiles against us. we restrain ourselves. then, per month, we have been asking the international community, hey, this can't continue this way. we are now in a situation where it is obvious that this is going

to be a simple equation. all we want is peace for our citizens. by the way, that is after we withdrew. that is not occupied territory. >> can you speak to egypt's role? there was word that egypt's prime minister -- egypt and israel have had this agreement and then in place for years. once mohammed morsi took over as the president, and he was for the muslim brotherhood, many started to question if you will honor that agreement. it is critical to peace in the middle east. your thoughts now that they are getting involved to some extent? >> first to welcome the peace agreement between israel and egypt is for the mutual interest. i think it is the bedrock of stability in this region. it is important that we really keep that in mind and any move

on the egyptian side to try to help out in this situation would be looked upon favorably. but first and foremost responsibility for any government is its citizens. we cannot continue with a situation like that. hamas, in a sense, has turned from the whole region. they are really the enemies of peace and we should really try to work together to make sure that the military infrastructure is weekend to such a manner that we will be able to sit down with moderate palestinians in order to achieve a better understanding and peace. megyn: you have hamas and gaza and iran, sir, thank you for being here. >> maybe we have the scientific

evidence that moses was not a great navigator. i hope everything will be okay in the future. we have to remind everyone that the israeli citizens, as we speak, are in shelters. and we cannot live this way. no society can have that risk. megyn: all the best to you. we will go live to leland vittert on the border just ahead for a live report on what is happening today. plus, a number of democrats today held a news conference demanding that the u.n. ambassador, susan rice, and her comments on libya, be explained. this hours after general petraeus testified on capitol hill. is this a prelude to a ambassador susan rice getting

tapped for a bigger job? we will have more of that next. >> how can she say five days later? there is no evidence of a coordinated al qaeda attack when there is a bunch of evidence hey, look! a shooting star! make a wish! i wish we could lie here forever. i wish this test drive was over, so we could head back to the dealership. [ male announcer ] it's practically yours. test drive! but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a jetta.

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or our hearty crab and roasted garlic seafood bake. [ forsythe ] if i wouldn't pt on my table at home, i wouldn't bring it in. my name's jon forsythe, and i seaood differently. megyn: democrats coming out in defense of ambassador susan rice after claims that she misrepresented the situation in libya days after the attack. she used talking points that were provided to her from the white house, but there is a question about whether those talking points were manipulated after they left the cia. ambassador rice has never come out and clarified her initial statements, statement, which we now know were not correct. joining me now is chris plante and political analyst mark hanna. all right. so this just came across our desk moments ago. a dozen female members of the

house have come out and said, this is from marcia fudge, who is a democrat of ohio, she said this morning that it is a shame that anytime something goes wrong, they pick on women and minorities. really? is that what this is about? >> we have been dealing with a lot of this over the last four years. i guess the next four years are going to be a lot like the last warriors. ambassador susan rice is the secretary from the united states of america to the united nations. she's not a girl. she's not a black woman. she is the u.s. ambassador to the united nations. she's presumably an adult. she was sent out to do an adult's job. the fact that they fallback continuously and repeatedly on this, this whole we are going to

sue you if you're mean to me, it's really astonishing. it is perfectly typical these days. the ambassador is an adult. she should stand on her own 2 feet, whatever type of footwear she would like. and she should act like an adult. i saw this story and i am appalled and embarrassed for them that they would try this. but sadly enough, this is what's happening. megyn: mark, your thoughts? are they picking on women and minorities? >> i went for one minute try to get into the psychology of what the republicans are thinking. i will point out that it is an interesting observation. perhaps coincidental that when you look at every one of the boogie men and women to republicans from the people that the republican congressmen have chosen to go after, whether it is surely sherrod order eric holder, what is the one thing they have in common?

inspector heads and wonder that a coincidence or not. >> honestly? under your rules. here's the problem. the rules you imagine, only straight white males can hold positions of responsibility. if you can't be critical of government officials, then you can't have government officials or you're not going to have a government that is accountable. if you can't be critical of, you know, a black president, then you really can't have a black president from where you have to have a government without accountability. if you guys continue to play this card like you have been all along, then you can't have -- >> okay, let's take a softer table. megyn: let me ask you this. president obama has sent james clapper out there who is a white male. he would have been taken same amount of income is susan rice? >> there are legitimate critiques to be made.

i'm just saying, who has emerged us, you know, i'm sure chris would not have mentioned footwear but there are legitimate critiques being made. megyn: go ahead. >> legitimate critiques about what we knew, when we knew it, what the community had gathered in the immediate aftermath of what happened and benghazi. absolutely should ambassador rice be questioned about what she knew and when she went for sure. first and foremost, we have to remember that what happened in benghazi was an attack on america. not necessarily a cover-up by america. the thing we should be investigating from the people we should hold accountable are the terrorists of adultery or were murdered by ambassadors. megyn: everyone can agree on that. but what they are saying is that they felt they were misled.

and that she had an obligation to follow. but she also had access to the state department knew that this was a terrorist attack from day one. you know, why wouldn't she have pursued that or maybe due to pursue that? and then ignore the information? >> it appears based on what we are now leaning more than two months after the event and long after the election has passed. susan rice was chosen by the white house to be there cassie. you know, her race and gender, i assume, have nothing to do with her selection when the white house decided that they were going to have her come out and provide the american people with a bunch of blurry, you know, misinformation, disinformation, it made it clear that we were going to get to the bottom of it. the white house hung her out to dry. megyn: okay, clearly marked disagree with that point.

mark, thank you. chris, thank you as well. coming up, going live to the gaza border. possible call up of thousands of israeli troops. and the most dramatic crash caught on camera in some time

megyn: we have incredible surveillance video showing a real-life superman coming to the rescue. video from milwaukee. you can see a car races through a stop sign, slamming into this suv and trapping a mother and toddler inside the wreckage. that is where trace gallagher picks up the story. >> they see it at that intersection one of the most dangerous in all of south milwaukee. i want to point out a couple of things. the ford explorer, the baby is

in the back. dangling out of the car seat, the mother is unconscious and founder in front of the neighbors say that they heard a loud noise and they went running outside. one of the neighbors said that he could hear the baby screaming. that man right there. listen. >> she was calling for her mother. she was calling for her dad. the baby was dangling down. reporter: the baby was dangling down and they knew that he was in a time crunch. he knew he was in a time crunch because he could smell the gas pouring out of the car. you can see other neighbors also came out to help the mother. but his focus was solely on the baby. listen. >> i finally got her rear leg, one at a time. it took four or five minutes. i put my hand on her head and was consoling her. her hair was wet. there was blood.

reporter: she had a small cut on her head. believe it or not, the mother that they pulled out on contest, is also going to be fine. there was not a single injury in the entire crash, mr. crash anywhere in the country. that is the neighborhood that is incredible. megyn: that is incredible. that's incredible to me. you have to say, the way that they are making automobiles in today's day and age, it's a lot more protective, thank goodness. breathlessness -- they have not managed to solve that. thank you. megyn: the white house wrapping up a meeting on tax and budget cuts earlier today. with a big handshake and some backslapping between president obama and speaker boehner. are we about to see a breakthrough? and the big interview on the big question. who changed the cia's talking points on the benghazi terror attacks? our exclusive interview with

peking coming ahead. and residents in israel running for their lives as rockets rained down from gaza and elsewhere. we are live next

megyn: we are getting more video from israeli news services showing men, women and children taking shelter as hamas continues a series of rocket attacks. welcome, i'm megyn kelly. we have breaking news. we received reports that israel is taking steps to mobilize potentially 75,000 reserve troops for a possible ground invasion of gaza. palestinian militants ramping up their assault, launching rockets against israel's busiest cities including tel aviv and for the first time in decades, targeting jerusalem. air raid sirens warned of

imminent danger. israel payed to strike -- poised to strike back in a big way and ready to invade if the order is given. lelan vittert is live on the border. >> reporter: armored bulldozers and thousands of men are down in berms trying to be protected from the laser-guide tank missiles the gazans have. you can see the white streaks of the rockets heading out of gaza and the plumes of smoke where the israeli air force is pounds away. we had a number of roberts and mortars land not too far from us. palestinian militants mounted

rocket launchers on the back of pickup trucks. it sent civilians running for the bomb shelters. the communities in southern israel in attack are just like any suburbia street in america. except here when you have a board up window and busted up wallet's from a rocket. the rocket came through two thick concrete walls. exploded in the kitchen. that was the oven. this was 7:00 a.m. in the morning when it happened and people in this part of southern israel have 10 seconds from when the warning sirens go off to a rocket exploding in their kitchen. still tonight those flying. the israeli air force is pounding away. the egyptian prime minister went into gaza today trying to bring about some sort of calm. that didn't work.

tomorrow is a turkish envoy coming to see hamas. a number of these envoys are supporting hamas. the egyptian president spoke about how much he supported the principle people. the question is, was this really happening or is the egyptian president playing two sides of the cards. that at this point is is the only hope for peace rather than a ground war starting sometime this weekend. megyn: let's take a look at what unfolded today. 66 rockets hit inside israel. this doesn't count those intercepted by israel's missile defense system and failed to reach their targets. since israel launched operation pill lah --doperation pillar of. take a look at this. for the year so far over 1,100

rockets have been fired into israel from gaza. all of this hitting a country about the size of new jersey. as we mentioned, the wire services are reporting that israel is now preparing, it looks like it is preparing for the invasion of gaza. what can we expect? and how did we get to the brink after major war in the middle east? lieutenant colonel oliver north is our fox news political analyst. you tell me. reuters reporting 75,000 troops being mobilized. request for permission to mobilize sent up to the israeli prime minister. it's thousands of troops. what would they be mobilizing them for? >> they could well be mobilizing just to make sure the folks in hamas and is hall i can jihad and those supporting them in egypt and iran realize israel is capable after doing what they did in 2009.

you have to ask why this is happening. since benghazi, there has been a five-fold increase in radical islamic web sites urging attacks on u.s. and israeli targets. all that since benghazi, by the way. there has been a widespread perception throughout the area that the u.s. is weak and in disarray. all you have to do is look at what's happening in washington, d.c. to realize that. the cold relationship between obama and netanyahu made some in hamas and iran expect that the united states will come down hard on israel telling them to cool fit they go in with a ground attack. i would not at all surprised to see a grounds invasion take place as early as tonight and perhaps over the weekend simply because it' the only way to push back those launching sites. megyn: look at the video on the screen. this is the picture of somebody's house. you can see into a living room

where somebody's wall has been blown away. we had the israeli ambassador to the united nations saying think of tel aviv and jerusalem like new york and l.a. if we saw a home in los angeles that had been bombed and several of them on the side as people had 15 seconds to run for their lives. what is israel to do? >> the rockets being fired into southern israel are being smuggled through egypt. give jenkins and i were there just a few years ago and you could see the ahe blim areas where this stuff is taking place. the rockets are being fired from the west bank and being smuggled into hezbollah. you mentioned iron dome, they intercepted 87 rockets today. 66 landed in israel. iron dome is actually one of the most effective anti-incoming us

tems in the world. yet they can't intercept all of them. the only way they can insure that they can shut this down is to close route philadelphia into egypt and push them back far enough that they can't reach the big cities with the big rockets. megyn: your point about benghazi is interesting. the terrorists have not received retribution for the attack unleashed on us and may to some extent feel emboldened. who is pulling the strings with hamas? >> obviously jabari isn't doing that any more because they killed him. you have islamic jihad support about it iranians and you have the muslim brotherhood, radical elements of radical islamists taking the fight to israel because israel is allied with the united states and they expect the obama administration

will come down hard telling israel to cool it. megyn: what are we going to do, what should we do? >> one of the things he ought not to do is threaten to cut off israeli spare partsr parts for the f-15 and f-16s. there if they have to take out these rocket installations it will reduce the effectiveness of reprisals. this is a wise move. they are getting ready to take out the iranian nuclear sites. megyn: what a situation. we were watching the u.s. presidential election and the indiscretions of general petraeus and the middle east was falling into war about it looks of it. ollie north, thank you. the president wrapped up a meeting with conscious at leaders in a four avoid a

massive wave of automatic tax hikes and spending cuts that will kick in january 1 unless something is done. it ended with what looked like a big handshake between the president and john boehner. james rosen has the report live from the white house. hey, james. >> reporter: house minority leader nancy pelosi says congress wants to show a message of confidence to the markets and she said they should aim to strike a deal on the fiscal cliff by christmas. the special lasted just over an hour. president obama said nothing explicit about reining in entitlement spending. instead the chief executive spoke about approaching the deficit in a balanced way and talked about long-term impediments to growth.

>> i think we are all aware that we have some urgent business to do. we have got to make sure that taxes don't go up on middle class families and our economy remains strong that we are creating jobs and that's an agenda democrats and republicans and independents, people all across the country share. >> reporter: republican leaders gave no indication they are willing to entertain the idea that the president wants them to, namely the raising of tax rates on some particular categories of income earners. the top republican told reporters he believes the dilemma isn't because we tax too little, but because we spend too much. >> we fully understand that you can't save the country until you have entitlement program that fit the demographics of the changing america in the coming

years. we are prepared to put revenue on the table, provided we fix the real problem. >> the working plan calls for congress to have something on the president's desk. some kinds of framework for a compromise to avoid this looming fiscal cliff january 1 by the day after thanksgiving. we'll see if they can meet that timetable. megyn: while the rockets fly into israel. thousands of people taking to the streets in egypt angry with israel's efforts to gift self. more on this troubling scene. dramatic details on the consulate attack in libya. former cia directo director davd petraeus said his agency determined early on terrorism was involved but someone took that out of the cia's report. who? that's unbelievable to me you

have all these official on something this important and no one has been able to tell you the chairman of the homeland security committee who removed the al qaeda references from the talking points that would be delivered to the american people? there has been no accountability to these folks who answer to us we the people through you our representatives? for years. aspirin wouldn't really help my headache, i don't think. aspirin is just old school. people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. what's different? it has micro-particles. enters the bloodstream fast and rushes relief to the site of pain. visit fastreliefchallenge.com today for a special trial offer.

megyn: a group of senators just wrapped up the latest in what seems like an all-day series of news conference on former ci sarks director david petraeus and his testimony to the house intel committees. he made news when he told the committee his agency determined immediately that al qaeda was involved in the attack but that information was taken out of the cia's final report that was circulated to administration

officials. who changed it? who took the information about al qaeda out? i asked the chairman of the homeland security committee pete king about that a little more than an hour ago. that's unbelievable to me that you have all of these official on something this important and no one has been able to tell you the chairman of the homeland security committee or any of these lawmakers on capitol hill who removed the al qaeda references from the talking points that would be delivered to the american people? there is no accountability from these people who answer to us through you our representative? >> especially since the president and the vice president have hidden behind the fact that susan rice only said on the tv programs what she was told was the best estimate of the intelligence community. the best estimate of the intelligence community was there was direct al qaeda involvement. that was tang out. i would presume somebody in the

administration had to have taken it out. nobody in the director of national director intelligence office other cia that did the. someone else did it. i doubt if the state department or justice department would be involved in taking that out. but again that to me has to be pursued. megyn: joining me now general jack keane. general, great to see you again. your thoughts on what we have heard on this? >> i think it's frustrating for everybody, being a recipient of all this. as i understand it. the cia specifically director petraeus asked about it the committees he testified to give them discussion points for themselves. he prepared those unclassified talking points but he had to submit it to the intelligence community and dni. at that point he lost contact

and also lost control over those documents. it's inexplicable why essential information was changed. i can understand that another intelligence agency wanting to add something because they had an additional piece of information that would make the document worth while. megyn: pete king god out -- he goes on to say all those intel officials told him they don't know who changed it. they don't know. so you had the dni, james clapper and everybody else saying it wasn't me. i don't know how it was. how do we find out? >> that's why investigations have to be conducted. the legislative body is frustrated by the executive. with 60-plus days from this incident as horrific as it was.

a major defeat for the united states, killing our ambassador and three other americans and losing a u.s. clandestine base all in one night and we still don't have a full accounting by the executive branch. that's why the legislative branch is conduct is investigation. they will have to be vigilant if they want to get this information. megyn: we haldolly north on and we were talking to him about the situation it's unfolding with israel in gaza. 75,000 ground troops moving towards the gaza border. he thinks that's linked to the lack of response we have had in reaction to our ambassador being killed in benghazi. your thoughts on that. >> i think it's most directly linked to the killing of the hamas militant leader. but the larger issue in the middle east.

al qaeda is on the rise. all radical islamists are on the rise. they are trying to take advantage of the revolutionary change in the region. you can see it growing in northern africa and certainly what happened on 9/11 definitely emboldened them. i agree with what colonel north is saying about that. all of the al qaeda and radical islamists are strengthened by what took place there and the gradual disengagement of the united states in what's taking place in the region. megyn: you know general petraeus and i don't want to get into his personal situation. but can you just speak to general king -- we respect you so much and you have such a storied career. some people are asking questions, do we have problems with our generals? we'll make some news on general allen and we did not do in moment. can you speak to folks about whether there is some problem

with our generals in military? >> well, i think generals in the military are also people. and as people we all make mistakes and we all have our foibles. this much i will say. for all of us soldiers and leaders. we have been at war for 11 years. this is a volunteer force at war. we should have grown the ground force larger so we would not have had as many repettive tours as we have had. this has take and toll on our troops and on their family members. and that's a larger issue here than just the specifics of these particular incidents. there is a human toll that's taken place here. and it certainly -- some of it is being played out on the public stage as well. megyn: general king, thank you so much, sir. that full interview with congressman pete king is a few minutes away. he will tell us what else general petraeus said during

this testimony. the ntsb wrapped up a news conference on how a train came to slam into a parade float carrying veterans. eginning to get rolling. and regions is here to help. making it easier with the expertise and service to keep those wheels turning. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together.

megyn: the national transportation safety board wrapping up a news conference on the freight train that slammed into a veterans day parade. it slammed into a float carrying veterans and their families. now four of them are dead and dozens of others injured. >> the ntsb told us that train had a camera on it and something similar to black boxed own an airplane and it will be sent off for analysis. there are 144,000 public

railroad crossings around the country and only half of them are equipped with warning device. this one was and union pacific says the device were operational. but the ntsb says it has not determined that. an eyewitness telling us the float was about halfway through the intersection when the warning device went off and the gait came down on top of the float. this was part of a parade honoring u.s. service members. 12 of them on the float with their spouses. the train blew its horn about it was too late. >> very heartbreak. >> my brother is in the marines. it's devastating what happened. >> reporter: the four who were killed range in age from 34 to

47. all served their country and all being honored for their service. one of the victim's mother-in-laws telling a local newspaper that he pushed his wife out of the way. she survived, he did not. 17 people were hurt. four remain in stable condition. the driver of the parade float and of course the engineer of the train among those being interviewed about it feds this afternoon. megyn: just awful. casey, thank you. in other news, a top university, you will know it, gets caught misrepresenting how well it's doing to u.s. news and world report and has been stripped of its rankings. imagine if you sent your child to this school thinking it was number 51 in the u.s. news and world report list only to find it didn't belong there and now it's been kicked off all

together. legal recourse? "kelly's court" takes up the case. up next, our exclusive interview with peter king, chairman of the homeland security committee who was in the room burg former cia director davi david petraeus's testimony today. for hold because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. so it's not about keeping my dentures in, it's about keeping the food particles out. [ charlie ] try zinc free super poligrip.

megyn: the big news from capitol hill on the u.s. consulate

attack. former ci sarks director david petraeus telling lawmakers he knew this attack was terrorism from the very beginning. this is his first capitol hill appearance since he resigned over an extramarital affair it comes one day after committee members heard from -- look at the list. director of national intelligence james clapper. the acting cia director michael morell. matthew olsen. sean joyce and the under secretary of state pat kennedy it was the most comprehensive account to date what happened on the ground in benghazi on 9/11 of this year. one of the people who has heard all of the testimony is congressman peter king. he's on the intel committee and he's chairman of the homeland security committee and he spoke

with us before we came on the air. i want to start with general petraeus. his testimony before you, he says he and the cia knew of this was terrorism from the beginning. >> general petraeus said when he came to the committee back on friday september 14 he then told us he thought it was a terrorist attack and the cia believed that. he said there were different streams coming in but they definitely believed was a terrorist attack. i have great regard for general petraeus but i told him i had a different recollection of what he told us september 14. he barely mentioned terrorism. he deemphasized it. he emphasized the video and spontaneous demonstrations. as far as the terrorist question he minimized it. also on the talking points which came from the cia, the famous talking points that supposedly susan rice relied on, they said

the talking points that came from the cia specifically mentioned al qaeda and that al qaeda was involved in the attack. they left the cia, went through a process which i believe included the white house and when the talk points were finalized all references to kinds * were taken out saying there were indications of extremist involvement in the demonstrations. nothing about the attack, nothing about al qaeda nothing about they were definite that al qaeda was involved. the question is who changed those talking points and why? megyn: that is the big question. who changed those talking points and why. having spoken to the acting director of the cia, the former director of the cia, were any of those people able to answer that for you? >> they say they don't know. they say there is a long interagency process. eggs precious they use is when it left the building meaning the

cia, the reference to al qaeda was in there, when it came back it was taken out, indicated it went to the department of justice. went to the state department and the national security council, it went to public information officers. it went to the deputies meeting. somewhere along the line that was taken out. and so it changed the whole tone of it. megyn: that's unbelievable to me that you have all these officials on something this important and no one has been able to tell you the chairman of the homeland security committee or these lawmakers on capitol hill who removed the al qaeda references from the talking points that would be delivered to the american people? there is no accountability by these folks who answer to us through you our representative? >> i agree with you completely. especially since the president and the vice president have hidden behind the fact that susan rice only said on the tv programs what she was told was the best estimate of the intelligence community.

the fact is the best estimate of the intelligence community on september 15 and 16 was there was direct al qaeda involvement. that was taken out. if i were to presume i would say somebody in the administration would have had to have taken it out. nobody in the director of intelligence or cia did the. i doubt if the state department or defense department other justice department would be involved in taking that out. but we'll have to find out. that has to be pursued. megyn: how do you find out? your suspicion is it came from the white house. how do you find out if that's true. each committee has limited jurisdiction here. the intelligence committee only deal with intelligence committee. the armed services committee deals with the defense department. foreign affairs with the state department. somewhere we have to get everyone together in the room at the same time including the white house and find out where this was taken out. if the president head such a big

issue of this. especially joe biden in his debate with paul ryan said all susan vice did was read what was given to her about it intelligence committee. megyn: i don't want to get lost in the fog of what the administration said about this attack, the importance of how this happened in the first place. how we lost our ambassador. for the first time in 33 years we had an ambassador assassinated along with three brave americans. i know you heard a lot of testimony, share with me what you can. my understanding you have seen the videotape that was -- that was monitoring the state department consulate while the attack was underway. >> megyn, yeah, i did see the videotape. one of the things that struck me the most was there was a libyan security guards at the front gate. they were in a vehicle. about 20 seconds before the

attack began that vehicle took off and disappeared. and the attackers came charging through the front gate. here we are, the libyan government told us we are not allowed to use our security personnel with guns and weapons, we have to rely on libyan security, but this had to be an inside job. 10-20 seconds before the attack gone you saw the libyan guard in their vehicle take off and allowed the attackers to come in. sophomore sobering scenes were seeing the ambassador's body being taken out. seeing when it came to the attack on the annex. accuracy of the mortar rounds that were fired about it terrorists. these were experienced people. they land a significant number of mortar rounds, perfect targets it showed the sophistication of the attack and it showed how valiantly the americans fought. megyn: we have libyan security

supposedly protect our guise at the consulate and annex. did see a similar scene at both places in terms of our so-called libyan security abandoning their postal the annex? >> i only saw it atnot at the a. the annex was hard to tell because our people were fighting back. the fighting as i result the fighting had begun. but as far as the consulate you saw the terrorists arriving. first you saw the libyans take off then you saw the terrorists arriving. megyn: when you talk about the pinpoint accuracy at the annex when they were firing mortars. is there any doubt having listened to those briefings that this was a coordinated preplanned effort? could that have been put together last minute? >> i don't see how it could have been and i don't see how you could have gotten people in with that level of skill on a moment's notice. that was high-level type

pinpoint accuracy to land exactly where they wanted them to. anyone who has went in military would say that was really exceptionally well done. and i also remember going back to september 14 where we raised that issue with general petraeus. at that time he minimized that. a lot of people in libya have rp grkss and mortar weapons, and that can be done. the fact is now. that is one the main reasons they are convinced it was a terrorist attack. something happened september 14 and it changed consider for 11 days this misleading story was out there. megyn: general petraeus testified to you that he resigned solely because of the affair and it didn't have to do with what happened in bee bengh. general allen as come under the microscope for allegedly receiving potentially inappropriate e-mails or engage

in potentially inappropriate e-mails with this social liaison who has parties for the troops antigens and raises money for the troops in tampa, florida. tell me if i have it right. my information is there has been nothing to substantiate that thus far. that general allen has himself engaged in anything inappropriate thus far. >> i have heard nothing indicating that he's done anything inappropriate. there was a first-day flurry of stories. i have heard nothing since then. i have spoke on people in the military who have great regard for general allen and they feel his is being exaggerated. from what i'm hearing second hand is general allen -- there can be some misinterpretation. but they have not found him to have done anything that was wrong. megyn: it's an important point. we rely on these generals.

>> if i can just say. i have the greatest -- both before, during and after wiive the greatest regard for general petraeus even though i was the most whose file questioner of general petraeus today. we had a good conversation afterwards and i emphasized the thanks and gratitude all of us have for the service he gave our country and we'll remain friends. he's an outstanding person and northern us is perfect. megyn: did he seem okay? >> in the beginning it seemed he was concerned. but once he got into it he was the old general petraeus. he had a great recollection of facts and figures. we disagree with some of his interpretation. once got into it he was very good. he realized what he has done to himself and the cia. there was no feeling sorry for himself. he acknowledged he made a tremendous error. tremendous mistake. but once he got into his testimony he was general

petraeus again. megyn: thanks for being here. we'll post that whole interview on foxnews.com if you want to check it out. you have the testimony that general petraeus:determined al qaeda was involved in this pairor attack on our consulate immediately upon taking a look at the facts. five days later susan rice went on sunday tv and was asked after the libyan president said this is a preplanned terrorist attack. he asked her, you don't agree with that. we don't have information at present that leads to us conclude this was preplanned. do you agree with him that al qaeda had something to do with this? answer, we'll have to find that out in were extremist elements that joined in and escalated the violence. whether they were al qaeda itself is one of the things we'll have to determine. we'll have much more on this coming up. a top university gets caught

misrepresenting itself to u.s. news and world report and now it's been stripped of its ranking. so shiny. ♪ home. [ malannouncer ] black friday's back. savings start thursday at 8 pm. more electronics start at 10 pm. the first and only place to go this black friday. walmart. the first and only place to go this black friday. oh, let me guess --ou see this? more washington gridlock. no, it's worse -- look, our taxes are about to go up. not the taxes on our dividends though, right? that's a big part of our retirement. oh, no, it's dividends, too. the rate on our dividends would more than double. but we depend on our dividends to help pay our bills. we worked hard to save. well, the president and congress have got to work together to stop this dividend tax hike.

before it's too late.

>> i was reading the numbers have been botched or 10 years. that's a long time to have no idea. >> that is a little bit disconcerting. >> it's embarrassing the staff did mess up a lot. i looked at the percentages. they said 78 and it was 58. that's not a little error. that's a biggerror. megyn: a school ranging scandal. you just heard a couple students from george washington university reacting to the news that their prestigious school is maybe not so prestigious. it has been booted off the list of u.s. news and world report's

college rankings. it lost its spot at 51 and now will be placed in the unranked category. the reason, university admitted it has been misreporting its statistics for years, inflating its standings. is there any recourse for the parents who have kids there right now and chose the school based on the false ranking? joey jackson and brian claypool, a defense attorney. there was an error for 10 years, joey, where instead of reporting -- they have to give the data to u.s. news and world report about how great they are. one of the data they have to submit is how many freshmen were in the top 10% of their high school classes coming into your university. they were reporting 78% when it was 5 it%. >> that's a little bit of a problem. i feel bad for the students who were there who relied upon

either an intentional misrepresentation or negligent misrepresentation. the university should know better and certainly the students and the parents deserve better. furthermore, not only do we get to the issue of negligence or intentional rit representation but -- misrepresentation. these students were induced into attending this university based upon what they relied to be a ranking they felt was substantive and accurate. megyn: what about those students who want to move on to professional school and are planning to go to law school or med school who thought they would be emerging from a university ranked 51st, but now has no ranking and has the after an alleged fraud or misrepresentation on it? >> before we talk about the legal part let's talk about the human side of this. i went to the dry cleaner and i saw this big banner. number one rated dry cleaner in

pass deana, california. did you notice my shirt today? what if that dry cleaner gets downgraded to number 20. do you think my shirt will look any different? of course not. megyn: it's not exactly the same. >> let's talk about the legal side, megyn. we live in such a robotic society. it's all data driven. you have to show an intentional misrepresentation but that the students have substantial reliance on that representation which i don't think you can show here. who would have been investigating how many kids coming out of high school were in the top 10% of their class. but most important you have to proof a causal connection. megyn: the kids aren't relying on that representation. they are relying on they are number 51.

and they are applying to that university as opposed to one lower on the list. we'll pick this up after the break. don't go away. th have lived a great life. but she has some dental issues she's not happy about. so i introduced jill to crest pro-health for life. selected for people over 50. pro-health for life is a toothpaste that defends against tender, inflamed gums, sensitivity and weak enamel. conditions people over 50 experience. crest pro-health for life. so jill can keep living the good life. crest. life opens up when you do.

meg already what about my point that there may be some students who relied to their detriment on that ranking in choosing gw. >> the ranking shouldn't be much lower than 51. only 6% of the methodology used bit s. news and world reports it attributed to what we are talking about, the number of students coming in from the top 10%. 94% of the rest of the methodology deals with the teachers at gw and research and endowments. the punishment shouldn't fit the

crime. megyn: brian doesn't think it's material. >> i see, so it was just a little lie. a tiny lie. we should discount it because the lie was insignificant. megyn: the law of materiality. >> you are talking about people performing academically in high school. here is what the problem is. the beneficiaries of this fraud that existed the past 10 years are already presumably set in their careers. they have gone off to graduate school with reliance on george washington. it is a great school and i don't want to discount that. but they are set in their careers. but now the students who are entering in, who relied upon what we believed to be an outstanding, reputable and honest institution. those freshmen, sophomores, juniors and seniors are going to

suffer. megyn: do they have an argument -- there is a question -- we don't know if this is intentional or accidental. but the facility are outraged. he's so disappointed in them. there is a question about whether it was an accident. they tarnished the reputation of the university separate and apart from the ranking and they tarnished the reputation of george washington. >> they might have tarnished the reputation. but here is the fact of the matter. i don't think anybody can show proof of harm as a result of having sent their children to george washington university. now they are out in the workforce and they can't get a job because the ranking wasn't right. george washington is a great university. megyn: i predict someone will make the argument. >> if you hustle you can make something of yourself.